Aurora City Laws: Severability Guide
In Aurora, Colorado, severability clauses determine whether a court decision that invalidates part of a city ordinance leaves the remainder enforceable. Understanding severability helps residents, businesses, and city officials know whether other provisions of a code section continue to apply when one clause is struck down. This guide summarizes how severability typically operates in Aurora municipal law, who enforces city ordinances, what penalties or remedies may follow, and practical steps to challenge, appeal, or request a variance when you believe an ordinance or its application is invalid or overbroad.
How severability works in Aurora municipal law
Severability language appears in general provisions or in individual ordinances to express the legislative intent that lawful provisions survive if others are found invalid. Where the municipal code or an ordinance includes an explicit severability clause, courts generally give weight to that intent when deciding whether to sever an invalid section and leave the remainder in force. When the code is silent, courts apply standard statutory severability principles focusing on whether the remaining provisions can operate independently and whether the legislative purpose is preserved [1].
Penalties & Enforcement
Penalties vary by ordinance and are set in the municipal code or the ordinance adopting the rule. Specific fines and escalation schedules are often itemized in each code section or the adopting ordinance; if a section lacks specified fines, the municipal penalty provisions or court rules apply. When exact amounts or escalation steps are not listed on the cited ordinance page, this guide notes that they are "not specified on the cited page" and directs readers to the enforcing office for current figures [1][2].
- Fines: not specified on the cited page; consult the municipal code section or the municipal court fine schedule for amounts.
- Escalation: first, repeat, and continuing offence treatment is determined by the ordinance language or municipal court practice and is not specified on the cited page.
- Non-monetary sanctions: city may issue compliance orders, abatement directives, lien placements, or refer matters to municipal court for injunctive relief.
- Enforcer: enforcement typically occurs through the responsible department (e.g., Code Enforcement, Community Development, or Police) and by municipal court; file complaints or requests for inspection with the relevant department [2].
- Appeals and review: appeals from administrative enforcement commonly proceed to municipal court or specified review boards; specific time limits and appeal windows are set in the ordinance or administrative order and are not specified on the cited page.
Applications & Forms
Many remedies rely on forms or filings with city offices. For ordinance records, appeals, or petitions for variance, the City Clerk and Community Development departments publish procedures and required forms. Where a specific application or form number is not shown on the ordinance page, contact the office listed below to obtain the correct form or filing instructions [2].
Common violations and typical outcomes
- Property maintenance and nuisance violations — compliance orders, fines, potential abatement.
- Parking and traffic bylaw breaches — tickets, towing, administrative fines.
- Building without permit — stop-work orders, permit fees, penalties, possible civil enforcement.
Action steps — challenge, appeal, or seek relief
- Review the ordinance language and any severability clause in the municipal code [1].
- Contact the enforcing department to request clarification, informal review, or a compliance extension [2].
- If administrative remedies are exhausted, file an appeal or challenge in municipal court within the ordinance's stated deadline or, if none, promptly after the enforcement action.
FAQ
- What is a severability clause?
- A clause stating that if part of an ordinance is invalid, the remaining provisions should continue to operate.
- Does Aurora automatically sever invalid provisions?
- Court decisions consider severability clauses and legislative intent; results depend on whether the remaining provisions can function independently and preserve the ordinance purpose.
- Who enforces city ordinances in Aurora?
- Relevant enforcement is carried out by the designated department (such as Code Enforcement, Community Development, or Police) and municipal court processes for adjudication.
How-To
- Locate the applicable ordinance text and any severability clause in the municipal code [1].
- Contact the enforcing department to request clarification, compliance guidance, or to file an administrative appeal [2].
- If needed, prepare and file a municipal court challenge or a petition for variance with the appropriate forms and supporting evidence.
- Meet deadlines, attend hearings, and preserve records of communications and permits to support your case.
Key Takeaways
- Severability clauses influence whether parts of an ordinance survive judicial invalidation.
- Contact city departments early—City Clerk and enforcing departments guide forms and appeals.
Help and Support / Resources
- City Clerk - Ordinances and Records
- Community Development / Planning & Building
- Aurora Municipal Court